20120925 TZHC Dar es Salaam

20120925 TZHC Dar es Salaam

The plaintiff was not lawfully retrenched in full compliance with Civil Service Laws due to procedural lapses, specifically failure to notify him of the outcome of his interdiction and failure to pay full entitlements. He is entitled to arrears of half salary during interdiction and leave pay for specified periods, with interest and costs. Claims for general damages and certain allowances were not substantiated and are disallowed.

Citation
20120925 TZHC Dar es Salaam
Parties
Plaintiff: Godillo R. Mkoma; 1st Defendant: Permanent Secretary, Ministry of Works; 2nd Defendant: The Hon. Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 September 2012
Procedural Posture
Civil / Judgment
Outcome
partly allowed
Legal Topics
Unlawful Termination, Redundancy, Entitlements on Retrenchment, Interdiction Procedure
Source Language
English
Employment Law Civil Procedure Unlawful Termination Redundancy Entitlements on Retrenchment Interdiction Procedure

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Parties

Godillo R. Mkoma

Plaintiff

Permanent Secretary, Ministry of Works

1st Defendant

The Hon. Attorney General

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff was lawfully retrenched in accordance with Civil Service Laws
  2. 2 Whether the plaintiff is entitled to any reliefs

Ratio Decidendi

The plaintiff was not lawfully retrenched in full compliance with Civil Service Laws due to procedural lapses, specifically failure to notify him of the outcome of his interdiction and failure to pay full entitlements. He is entitled to arrears of half salary during interdiction and leave pay for specified periods, with interest and costs. Claims for general damages and certain allowances were not substantiated and are disallowed.

Court Disposition

partly allowed

Orders

  • Arrears of half salary from 2/2/1991 to 31/3/1993 to be paid to the plaintiff
  • Leave pay for 1989/90 and 1990/91 to be paid to the plaintiff